what happens when final action date is current?

The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Ruchi, If he has to apply now, the only option is to go with A as there is no perm with C. Thanks Kumar for the response. This bulletin reveals how many green cards are available for each category and also shows priority dates. Guide How does it work? Speak with your immigration attorney to see if green card porting is appropriate for your case. How Long To Wait for Your Priority Date to Become Current? If your priority date is on or before the cutoff date . Will this rapid movement be continue which help to move dates for filling become current? Stronger applications get better loan offers. At this stage priority date between oct01-mar02 does not matter. If this is your first visit, be sure to The priority date represents the foreign nationals place in line for a green card. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. However, covid has brought special circumstances and filling and final action dates are moving fast for India. AC21 Job Change if Priority Date may Become Current Else you will have to get it via FOIA, This is right. Note that, while your priority date is set and does not move, the final action dates change from month to month. Specialty Occupations (H-1B and H-1B1 Visas), Treaty Traders or Investors or Australian Professionals (E Visas), Temporary and Seasonal Workers (H-2A and H-2B), EB-1B Outstanding Professors and Researchers, EB-1C Multinational Managers and Executives, Physical Therapist or Registered Nurse (Schedule A), EB-3 Professional, Skilled Worker, Other Worker, Litigation, Notice of Intent to Deny, Notice of Intent to Revoke, Request for Evidence. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? If your application meets the eligibility criteria, the lender will contact you with regard to your application. meaning that the priority date must be current. Adjustment of Status And Visa Retrogression | myattorneyusa Lets take a look at the example again: Martha applied for an EB-3 as a software developer. Anyone knows how lawyers recommend handling this situation? Hi , there has not been any movement in the Final action dates for F4 category in October and November. Now that we have a full background, lets look at each of the terms dates of filing and final action dates: The dates for filing application or simply dates for filing in Visa bulletin are the earliest dates when Green Card Applicants may be able to apply for green card or immigrant visa. This is a great space to write long text about your company and your services. tula tungkol sa magsasaka at mangingisda; When your final action date becomes current, you would see Current or C in the Visa Bulletin. Just passing by to tell that I finally understood the difference between these two, thank you so much!!! it deals with people transferring employers after an I-485 has been pending for at least 180 days.) I485 applied, what happens if dates retrogress? - Murthy Law Firm I have filed under niw eb2. The entire prediction process is quite difficult, so many people may not understand it. No action was taken since I wasnt sure if I wanted to continue the petition thru me. In cases, where they believe they do not have enough applications to fill the total numerical limit by end of fiscal year( next year September), they will ask green card applicants to use Dates for Filing to submit the adjustment of status applications. Speak with your immigration attorney to learn more. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. They can also file applications for green cards with USCIS without having to wait. F2A: CURRENT (Spouse and under 21 children of Legal Permanent Residents) FX: CURRENT (F2A Cases with older priority dates) F2B: 22 SEP 2015 (Unmarried Sons/Daughters of Legal Permanent Residents) F3: 22 NOV 2008 (Married Sons/Daughters of U.S. Citizens) F4: 22 MAR 2007 (Brothers/Sisters of U.S. Citizens and their Spouses and under 21 Children) This is not due to any prejudice on the part of the Department of State. Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. Is it possible to continue to extend the H-1B? Make sure to get a copy of 140 from your employer. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. Now I hear this rule applies to I-485 stage as well. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. If Manuel had checked the Bulletin for February of 2023 . That's great! If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. #1. How Are Green Card and Immigrant Visas Counts Reported? Then it's time to move forward with the process of getting your immigrant visa or green card. They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. Final Action Dates shows the dates when a number of immigrant visas will be available for foreign nationals who have a current priority date during that month. To bring the prosecution to a speedy conclusion and at the same time deal justly with the patent owner and the public, the examiner will twice provide the patent owner with such information and references . If the final action date moves forward until it matches the current calendar date, it will be considered current (marked by a C in the bulletin). Lets look at them. USCIS Visa Bulletin Mar 2023 Employment Green Card Dates - USA - AM22Tech In order to port her EB-3 status to EB-2, she will need to either be promoted to a higher position that requires her masters degree or she will need to find a new job that requires the degree. This is not to be confused with a change of status or a transfer of status, which are different processes entirely. Your name check needs be cleared by the time they take your I-485 file. In other words, if a person's priority date is listed in the Dates for Filing column, their priority date would be current in the Final Action Date column in less than a year. Also, they get the number of pending applications of adjustment of status from USCIS. If too many people from a single country petition for the same green card in one year, a backlog will build up, and the DOS will process petitions in order of their priority dates. Priority Date Finally Current! How Soon Should I-485 be Filed? See what other people are asking and the advice they're getting. What happens when your priority date for green card processing - Quora Why they move back and forth and how it impacts the priority dates. With the layoffs at NBC I dont see it happening anytime soon. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. The date on final action date is still in June 2016 so I made that assumption that it would take at least a year for my PD becomes current. These requests for H-1B extensions are made under the provisions of Section 104(c) of the American Competitiveness in the 21st Century Act (AC21). Since the Final Action Date was not current, we did not get an approval and the document the officer gave us said they were unable to make a decision at that time. Anxiety prevails among those about to file after waiting for years. When my father died in 2013, I reported to my lawyer and I dont know now what the lawyer did. They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. If the EB-2 final action date for India is current, then Martha can adjust her status or use consular processing as soon as her petition is approved rather than wait several years. Even though the H-1B worker was able to extend the H-1B in three-year increments based upon the approved I-140 under AC21 Section 104(c), the worker will not be able to extend under 106(b) where the labor certification was filed after the worker began his or her sixth year of H-1B time. Lawyers suggestion is to avoid moving companies when date movement is rapid unless one qualifies for ac21 porting, https://www.avvo.com/legal-answers/is-there-a-time-limit-for-filing-i-485-from-the-ti-4054517.html. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. Individuals from those countries facing a Green Card backlog are required to wait years, if not decades, for the Visa Bulletin to inform that priority I hope they become current soon! There has been no movement on my case so far. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? You can use this space to go into a little more detail about your company. I filed an SR online recently and got this response (in case anyone else is thinking of doing the same): What is a normal processing times from USCIS standpoint. The National Visa Center (NVC), which processes the green card applications for consular processing petitions, will inform the green card applicants when their priority dates become current based on the Final Action Dates in Visa Bulletin. Seek new employment if you have remaining H-1B time and file new PERM and I-140. Interesting. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . At that appointment, you will have your biometrics taken, you will submit a DS-260 application, and you will go through a one-on-one interview with a consular officer. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. USCIS uses final action dates as the default priority dates asking green card applicants to apply for Adjustment of status. NVC will also notify the applicants that their application is Documentarily complete. The USCIS also forecasts the number of applications for green cards they need to meet the numerical limits at the end of the fiscal year. Final action dates define when the actual green card numbers are actually available for a country & category, Date for filing are used primarily to prepare ahead by NVC or by USCIS to make sure there are enough applications in the queue for a fiscal year. Hi, For the purpose of explaining my question lets assume an individuals EB2 priority date is Feb 1, 2010 The Dates for Filing Application for that category is March 1, 2010 The Final Action Dates for that category is December 1, 2009. This is the same case with current October 2020 Visa Bulletin as well. Visa Bulletin (Priority Dates) - Adhikari Law PLLC Stilt provides loans to international students and working professionals in the U.S. (F-1, OPT, H-1B, O-1, L-1, TN visa holders) at rates lower than any other lender. As long as the priority date remains current, the case can be filed, in this example, in January or February 2012 or a later time. This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. There's one twist to the Visa Bulletin. Hi. This is due to the fact that some countries submit many more petitions than others. Is there a separate paper work to let USCIS know that you still have intent to file for PR as soon as ur PERM is approved ? Did the officer told you that the only reason not to approve was your PD not being current? We responded to the RFE in a month and Interview was scheduled in October. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not . When will the National Benefits Center begin reporting Form I-485 processing times? As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. Applicants in that category and from that country can file the green card and will be processed immediately. From filing the petition and fees to dealing with Requests for Evidence and facilitating green card porting, VisaNation law group lawyers are here to take the stress out of your immigration process. 2023 Berardi Immigration Law. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. Confirm all security and background checks are completed; 3. Why Is It Longer For Some Countries Than Others? This date shows what your priority level is according to the Department of State. It has Dates for Filing charts and Final Action Dates charts. However, USCIS may excuse a failure to file in its discretion if the H-1B worker establishes that the failure to apply for adjustment of status was due to circumstances beyond his or her control. When the dates for filing show as C or Current, it means that the foreigner doesnt have to wait anymore to apply for a visa interview at the U.S. consulate in their country for the immigrant visa. Dates of filing are used mainly during the first few months of the fiscal year start like in October, November to get more applications in pipeline for meeting the demand for the entire year. That way, you can avoid having your priority date reset and your waiting time will be subject to the new final action dates listed in the bulletin for the higher preference level. JavaScript is disabled. Visa Bulletin: Final Action Date, Cut Off and Predictions | Immigration Once the priority date becomes current the foreign national may apply for their physical green card. There is no easy way out, just need to wait for things to get normal. If you have any questions about navigating the visa bulletin or are looking to become a lawful permanent resident in the U.S., pleasecontact our office to schedule a consultationwith one of our attorneys today! There are, however, overall risks in waiting for greatly extended periods of time, as explained below. GUIDE to Travel to US with valid Visa on Expired Passport ? Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. It is helpful knowing it is not necessary to file the I-485 case as soon as the priority date becomes current. I-140 petitions do not expire. A few differences can be seen between the Dates for Filing and Final Action Dates. If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will allow foreign nationals to use theDates for Filing chart. What Happens After I-485 Interview When The Priority Date Is Not Current? Adjusting status to a lawful permanent resident of the United States is a big step! 2023 VisaNation, Inc. All Rights Reserved. WHAT TO DO WHEN YOUR PRIORITY DATE BECOMES CURRENT - YouTube The process of prediction is pretty complicated. Posted by userkv (15) 4 minutes ago. It doesnt matter which green card you applied to before or which you are pursuing now, you are essentially starting from scratch on all aspects except for the priority date. Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. 2. Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). For H-1B workers who have been subject to per-country visa limitations and unable to file an application to adjust status (I-485), you are probably familiar with the ability to continue to extend H-1B status beyond the six-year limit in three-year increments based on your approved I-140 immigrant petition. 1. There was only one chart and one date, which was just called priority date. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. Microsoft, Go to company page sell my timeshare now phone number what happens when final action date is current? These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. This page was generated at 05:29 PM. Can his current employer C do something or he has to go back to previous employer A? Attorneys at the Murthy Law Firm are available for consultation on these matters. Please do let us know how long did it take for USCIS to make a decision on your I485 application after the final action date became current in April 2020. However, covid has brought special circumstances and filling and final action dates are moving fast for India.If one changes job , new company would start perm and it takes 1.3-1.5 years on an average to get perm approved from join date. End of Sentence for Entering Canada with a Criminal Record? Copyright 2011, MURTHY LAW FIRM. CEAC Website, Errors Info. In order to be eligible to file an H-1B extension beyond the six-year limit after your priority date (Final Action Date) becomes current, your labor certification or I-140 petition must have been filed at least 365 days before you reached your six-year limit of H-1B time, and. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. There's no way to know exactly when, so . If one changes job , new company would start perm and it takes 1.3-1.5 years on an average to get perm approved from join date. This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May.